Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-02-03
A QUICK DECISION.
JUDGE BOND ORDERS THE VIRGINIA
PRISONERS TO BE SET AT LIBERTY.
Attorney. General Ayers Takes an Appeal
TO the Supreme Court Of the
United States.
Isrecial Telegram TO the Dispatch.

| RAhAAhOhTf Atbsf NbAhhtf s-sr,~
Hugh l.. Bond, sitting as judge of the
Circuit Court Of the United States for
the Eastern district Of Virginia, heard
argument to-day in the case of Richard
Lee Fitzgerald, who was before him on
a writ of habcas corpus, Fitzgerald
having been arrested for doing business
as a sample-merchant in Pulaski county,
Va, without license.
Fitzgerald had rendered coupons to
the amount of 800 for his license, and
was refused the license under that law
requiring that the coupons shall be
verified before the license shall Issue.
Mr.. w. L. Royal, of Richmond, and
johnson & johnson, of Baltimore, ap-
peared for petitioner, and Attorney
General Ayers for the State of Virginia.
Judge Bonds Decision.
Judge Bond delivered his opinion, q
| follows:
We are OF the opinion that the reve-
nue laws under which this party is held
which provide for the raising of reve-
nue. in Virginia, constitute one law,
though they have been enacted in sepa-
rate chapters and at different times
and We are of opinion that the act OF
the Legislature of Virginia passed In
1885 'S6, chapter AIS, which requires
parties who desire to sell by sample In
that State, and who tender coupons OF
the bonds of the State in payment of
licenses TO sell, to deliver such coupons
TO the State officers for verificatiOn, and
| forlids them to exercise that business
until the same are verified, while par
| ties who pay their lcense-fees in money
are allowed to proceed at once in the
conduct of their business, is an uncon-
stitutional act, because it impairs the
obligation Of the contract made by Vir-
ginia with the coupon-holder. which
was that the coupons would be received
in payment of all public dues and taxes.
"AF1FR THEY ARE VERIFIED"
This statute in effect (said the Judge
in his opinion) adds to the contract the
words, "AHcr HcV are rcrifed," which
is a new condition altogether that
greatly impairs the value Of the cou-
pom.
Virginia has by law made the con-
pons rs much of legal-tender for pub
he dues and taxes as is the greenback,
and il is not necessary to show what an
impairment it wonld he TO the value OF
the latter did its genuine character have
to be proved every time it is offered in
payment of n debt.
The petition in this case sets forth In
detail the laws under which the peti-
toner is detained and the facts which
caused bis arrest and Imprisonment.
These allegations of the petition are
not traversed or denied, and must be
taken as true. Taking them to be
true, il fully appears, as we think, that
the petitioner is held in violation of
the Constitution of the United States. "
TIE CASE CAN GO TO THE SUPREME COURT
OF THE UNITED STATES.
Judge Bond, continuing, said: "The
case must be considered-the respond
ent not denying the allegations of the
petition-as if those alleged facts were
in the return, and that. the party wa.
held for the reasons and under the cir
cumstances alleged as well in the pet
ton as III the return proper.
We have concluded to determine thi
case Immediately, without further con
sideratiun, that it may go, If the Nir-
ginia authorities so determine, to the
ot that ON carly
decision of that tribunal may prevent
further illegal arrests of like charac-
ter. if this case should be decided SO
to be.
An ORDER FOR THE DISCHARGE OF THE
PRISONER.
In cr pGrte Royal, III United
States, 257, the Supreme Court says
that while the Circuit Court has the
power to do so, and may discharge the
accused in advance of his trial, it is
not bound to do SO in every case; but
in this case, if the party be not dis
charged Immediately, the damage to
him will be very great. if not irrepara-
bic. He will lose his whole years
business, and his rivals in trade will
supplant him in the goodwill of his
customers.
We think the party should be dis
charged, and an order will be made ac-
cordingly.
Attorney-General Ayers prepared and
filed an appeal to the Supreme Court at
once.
+. C. Sherwood, salesman for an OPP
tical-instrument manufacturing cOmpa-
nv. who was arrested and released on
bail in Richmond on a similar charge,
WAS present, and by consentof counsel,
before the hearing began, was made
party to the petition.
Governor Lee.
Governor Lee was asked last night
what the State authorities proposed to
do now in addition to appealing to the
Supreme Court of the United States.
H. ranIio1 that he could not tell until